Legal Question in Family Law in Virginia

When I divorced my former husband in 1991, it was agreed that he would 1)pay $400/month of child support and 2)I would pay a loan on both our names ($30,000), but he would pay me back at 6% interest when he found a job. Both agreements were on the divorce papers. In the years that followed, he seldom paid child support and never paid back his loan debt. Now our child is in college, and I just lost my job. I have been paying tuition and had custody of my child all this time. Can I recover the old debt? Can I at least force him to use it to pay college tuition? Thanks.
PS - we got married and divorced in Puerto Rico (a U.S. territory). We both live currently in Virginia.

Asked on 5/14/13, 6:04 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, the child support arrearages should still be enforceable since they're normally not subject to a statute of limitations.

Unfortunately, such would not appear to be the case with the loan and payback agreement which probably is subject to a five year

statute of limitations as are normally all such written agreements

executed in the commonwealth.

And, unless your ex specifically agreed to contribute to

defraying the cost of your son's college tuition which

was then incorporated into your divorce, he would not now have

any legal obligation to do so (in my opinion).

Answered on 5/15/13, 9:38 am

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